Reply to the Department of Justice - Request for Comments in the Review of ASCAP and BMI Consent Decrees
The decision of the Department of Justice to revisit the Consent Decrees government Professional Rights Organizations (PROs) in the music sector (“ASCAP and BMI) is both timely and important, particularly in light of the recent ruling of the Second Circuit Court of Appeals in the Pandora v. ASCAP. The anticompetitive, anti-consumer conduct in which the PROs engaged when they thought the digital rights to musical works is a shocking reminder of the continuing market power of these organizations and the important role that the consent decrees play in preventing the abuse of that market power.
